6 May 2024
TANG KWAI CHEUNG v. YEUNG SZE TING
- Citation
- [2024] HKCA 383
- Court
- Court of Appeal
- Case number
- CACV474/2022
On objective analysis the SPA as signed, including Clause 35(c), reflected the parties' binding agreement; there was no continuing common intention or outward expression to exclude Clause 35(c) so rectification failed; the January 2019 payment was unrelated to Clause 35(c) so no estoppel or waiver; Clause 35(c) did not require tender of deposits as a precondition to rescission and the Rescission Letter validly exercised the unilateral right; implied term to procure completion by alternative means would contradict express conditions and was refused; therefore the Recorder's decision was upheld…